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18 N. Y. L. F. 841 (1972-1973)
Second and Goal to Go: The Legislative Attack in the 92nd Congress on Sports Broadcasting Practices

handle is hein.journals/nyls18 and id is 861 raw text is: SECOND AND GOAL TO GO: THE LEGISLATIVE ATTACK
IN THE 92ND CONGRESS ON SPORTS BROADCASTING
PRACTICES
PHILIP R. HOCHBERG*
The general attitude of the United States Congress rarely co-
alesces into near unanimity on any one subject. Notwithstanding
any divisions that may have existed in the 92nd Congress on other
issues, that Congress did seem to reach near-unanimous proportions
in one particular area-an attack on sports broadcasting practices,
especially those of professional sports. It is safe to say that the 92nd
Congress will go down as the one in which professional sports faced
its greatest challenges. To the extent that the activities of the 92nd
Congress portend the future, sports broadcasting practices indeed
will have troubles.
I. BACKGROUND
Even a cursory analysis of activities in prior Congresses shows
that there was a general attitude prevailing to go along with what
sports had decided in its own interest would serve the public's broad-
cast interest as well. For instance, in the 83rd Congress, the Senate
Committee on Interstate and Foreign Commerce favorably reported
out, with amendments, legislation permitting organized baseball
to adopt rules regulating the broadcast policies of major league
games into areas other than their home territories. Baseball had
adopted a rule prohibiting the telecasting or broadcasting of major
league games into minor league territories without the permission
of the minor league team. Having been advised by the Justice De-
partment that such a rule was contrary to the antitrust laws, base-
ball sought legislation.' The bill was reported favorably to the Senate
floor,2 but no action was taken.
In the 85th Congress, legislation introduced by Representative
Emanuel Celler of New York3 was amended to enlarge proposed
* B.S. Syracuse Univ.; LL.B. George Washington Univ.; Member, District of
Columbia Bar.
[Editor's note: This article was completed prior to the introduction of any legis-
lation in the 93d Congress.]
1. S. 1396, 83d Cong., 1st Sess. (1953).
2. S. Rep. No. 387, 83d Cong., 1st Sess. (1953).
3. H.R. 10378, 85th Cong., 2d Sess. (1958).

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